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New York City DUI Accidents

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DUI Accidents in New York City



DUI Accidents in New York City Have you been injured, or lost a loved one, in a car accident caused by a drunk driver in New York City, NY? You may be entitled to recover significant compensation for medical expenses, lost earnings, and pain and suffering. The experienced NYC drunk driving accident lawyers at the Law Offices of Jay S. Knispel, LLC, will help you fight to maximize your recovery.

Our NYC personal injury law firm has recovered millions of dollars for victims of drunk driving accidents across all five boroughs. We believe DUI accidents are not accidents at all – they are preventable. We’ll work tirelessly to hold the drunk driver and all other liable parties fully accountable. We are dedicated to helping accident victims like you recover maximum, full, and fair damages.

Contact our law offices to discuss your accident and legal options today. Your first consultation is 100% free.

How Our NYC Personal Injury Lawyer Can Help After a Drunk Driving Accident

Even with organizations like Mothers Against Drunk Driving (MADD) educating and promoting highly publicized sobriety checkpoints and high visibility enforcement, drunk driving crashes continue. It only takes a few brief seconds for your life to change forever.

Unfortunately, justice and accountability may take much longer. Despite the tragic nature of your accident, insurance companies will still fight you every step of the way.

At the Law Offices of Jay S. Knispel, LLC, our NYC personal injury attorneys have more than 25 years of legal experience. This includes time spent defending insurance companies against the very claims we advocate today. We understand how difficult the claims process can be, and are not afraid to take on big law firm defense counsels and big-name insurance companies.

When you hire our New York City personal injury lawyers for help after a drunk driving car accident, you can expect us to:

  • Treat you with empathy and understanding while advocating for your legal rights
  • Thoroughly review police reports, arrest records, and evidence presented in the related drunk driving criminal case
  • Enlist the aid of accident and injury experts so that we can accurately value your case for the insurance company or jury
  • Take your case to trial if a fair settlement is not offered.

Having represented many victims of drunk driving accidents across NYC, we know what you are going through. Our team of award-winning New York trial lawyers is here to provide support and resources. In your initial consultation, we will answer your questions and give you an experience-based opinion of the value of your case. We will do everything possible to fight for your legal rights so that you can focus on healing, recovering, and moving forward.

Drunk Driving in New York: What Is The Difference Between a Criminal Case and a Civil Case?

DUI accident claims are unique from other types of civil claims in that there may be simultaneous criminal proceedings. If you’re involved in an accident involving an intoxicated driver, the driver may be arrested and face criminal charges.

Under N.Y. Veh. & Traf. Law § 1192, driving while intoxicated (DWI) is a crime.

There are several types of alcohol and drug-related traffic violations in New York State:

  • Driving While Intoxicated (DWI)
  • Aggravated Driving While Intoxicated (Aggravated DWI)
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Zero Tolerance Law for individuals under the age of 21

Penalties for alcohol and drug-related violations may include mandatory fines, loss of driving privileges, and jail terms. A civil case for a drunk driving victim is entirely separate from criminal proceedings. The criminal defense case against the driver will do nothing to compensate you for your injuries or loved one’s death, and the financial burdens that result. You must pursue a separate claim in civil court.

Can I Sue Someone Other Than the Drunk Driver Who Caused My NYC Car Accident?

While most civil cases are brought against a driver, in some cases, you may be entitled to compensation from a third party. For example, if a bar continued to serve alcohol to someone who was visibly drunk, they may be liable for an accident under “dram shop laws” (section 11-101 of the New York General Obligations Law).

An employer may also be liable. For example, a pedestrian hit by a drunk driver who was driving a truck owned by the construction company that employs him. Everyone at the company knew the driver regularly drank alcohol on the drive to work, and in his car during lunch. The man’s employer may be liable in a third-party DUI accident victim lawsuit.

The Law Offices of Jay S. Knispel, LLC represents victims of DUI accidents and all types of car accidents caused by drunk drivers in New York City. We are happy to review your case and determine who may be liable. If we represent you, we will not charge any legal fees unless we recover money for you.

How Common Are DUI Accidents, Injuries, and Deaths?

Since Mothers Against Drunk Driving (MADD) was founded 40 years ago, the number of drunk driving deaths per year has been cut in about half. Although much has been done to reduce injuries and deaths from drunk driving, there are still about 10,500 deaths caused by drunk and impaired drivers each year, along with many more injuries.

According to MADD, about 800 people are injured every day due to a drunk driving crash.

The New York State Police and local police agencies participate in national campaigns and statewide crackdowns on impaired driving. These frequently occur during holidays and events that frequently involve drinking: Super Bowl, St. Patrick’s Day, Memorial Day, and Fourth of July, Halloween, Thanksgiving, and the Christmas/New Year’s holiday season.

What Is My New York DUI Accident Case Worth?

Lawsuit DocumentLiability varies widely from case to case. One of the most frequently asked questions in a personal injury consultation is “how much is this case worth?”

Damages available will depend on the severity of your injuries and how the accident affects your life.

Important factors will include:

  • What your present and future medical cases total
  • Whether or not your ability to work is compromised
  • The extent to which your property was damaged in the drunk driving crash
  • Blame, if any, that’s allocated to you

Insurance companies will try to pay you the least amount of money possible. Don’t fight for compensation on your own. Let our car accident lawyers in NYC help.

What Compensation is Available After a Drunk Driving Crash in New York?

Victims of drunk driving accidents have the right to be compensated for economic and non-economic damages resulting from an accident, including:

  • Medical care expenses: DUI accident victims may be compensated for any medical care necessary as a result of their injuries, including bills for ambulance transport, hospitalization, surgeries, rehabilitation, physical therapy, and psychotherapy.
  • Lost wages: When you are unable to work as a result of your injuries, you may be able to recover the wages you would have earned. You may also seek compensation for lost earning capacity if your injuries will prevent you from working in your career field
  • Pain and suffering: You may recover compensation for the physical pain and emotional suffering that you endure as a result of a drunk driving accident.

Even when negotiated as part of a settlement, damages are awarded based on evidence. A jury or insurance company will review the evidence presented. Having a lawyer who is capable of valuing a DUI accident claim is critical to ensure maximum compensation.

Insurance companies are quick to recognize a serious injury, and will likely offer an amount that may provide immediate relief to financial strain. However, accident victims should never accept a settlement without having a full understanding of the extent of their injuries and the future care that will be needed.

The NYC DUI accident victim lawyers at the Law Offices of Jay S. Knispel, LLC frequently work with medical specialists and life care planners to ensure cases are valued properly. Before you accept any compensation for a DUI accident in New York City, contact our experienced attorneys to discuss your potential case.

What About Punitive Damages?

When an accident involves a drunk driver, punitive damages might also be available. Punitive awards are intended to punish a defendant for conduct that is particularly reprehensible. In New York, for punitive awards to be on the table, there must be clear and convincing evidence of willful and wanton negligence.

We’ll Fight to Recover Compensation For All of Your DUI Accident Injuries

DUI wrecks disproportionately result in severe and catastrophic injuries. Lawsuits against drunk drivers and other responsible third parties send a powerful message that everything possible must be done to prevent these catastrophic injuries.

Some of the most serious injuries we see resulting from DUI accidents in New York City include:

DUI crashes and the injuries and deaths that they cause are 100% preventable. We firmly believe that drivers and other parties who contributed to an accident must be held accountable.

Proving Negligence in New York City DUI Accident Injury Claims

Negligence is obvious in many DUI accidents, but not always. Sometimes, a crash will involve several vehicles, and one driver may have been drunk, and another was distracted by a cell phone or running a red light. Or you may have a collision involving a drunk driver, and a speeding driver.

Even in claims involving drunk drivers, insurance companies may use their trained adjusters and experts to try to shift part of the blame onto the victim. Although this is shocking and incomprehensible, it may be difficult to defend these claims without a skilled and competent lawyer.

How Long Do I Have To File a Lawsuit After a DUI Accident in New York?

All states, including New York, have a law that limits the amount of time you have to file a civil claim. This law is known as a statute of limitations. Once the time period window passes, you cannot pursue a claim. In New York, for most cases, the statute of limitations is three years from the date of the accident.

Contact Our NYC DUI Accident Victim Lawyers For a Free Consultation

Many people are hesitant to pursue a civil suit and feel uncertain about going through the emotions of a civil trial, especially after a criminal trial. However, in the aftermath of a DUI accident, a civil suit may provide justice and alleviate the financial strain.

A DUI accident victim lawsuit is a car accident lawsuit. Drunk drivers who are negligent and reckless must be held accountable. Victims or family members of victims of drunk driving accidents in Kings County New York should contact the NYC DUI victim lawyers at the Law Offices of Jay S. Knispel, LLC as soon as possible.